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Reasons
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(영문) 수원지방법원 안산지원 2014.09.25 2014고단1739
횡령
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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around March 27, 2012, the Defendant entered into a lease agreement with the Defendant’s “C” office located in Ansan-si, a member B to pay KRW 1,45,07,150 for the period of lease from March 27, 2012 to 48 months, and monthly rent for three months from March 27, 2012 to 5,07,150 to March 26, 2012. From March 27, 2012 to March 27, 2013, the Defendant acquired the status of the victim from the above two loan contractor from the above two loan company to the above two loan company. From March 27, 2013 to March 26, 2013, the Defendant left the said two loan company to take over the status of the victim from the above two loan contractor.

On October 21, 2013, the Defendant sold the machinery at KRW 110,00,000 to (110,000,000 to (1,000,000,000.

Accordingly, the defendant embezzled the victim's property amounting to 207,90,000 won in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning a lease contract, a lease contract transfer contract, a notice on the transfer of a lease contract, a written estimate, a photograph of goods, and a contract of goods;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. include: (a) the amount of damage to the crime of this case exceeds KRW 100 million; and (b) the Defendant appears not to be easy to recover damage when considering the Defendant’s economic circumstances; (c) the Defendant’s mistake is against the Defendant; (d) the Defendant appears to have led to the instant crime due to the aggravation of financial standing when the Defendant was operating the company in a sound manner; (b) the Defendant faithfully paid the leased deposit amount for a period of two years; and (c) the Defendant faithfully paid the amount of damage and used

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